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HomeMy WebLinkAboutItem No. 1 - CUP 20-01DATE: April 28, 2020 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner SUBJECT: RESOLUTION NO. 2054 APPROVING CONDITIONAL USE PERMIT NO. CUP 20-01 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA ) TO ALLOW A TUTORING CENTER WITH UP TO 12 STUDENTS AT 20 EAST FOOTHILL BOULEVARD, UNIT 216 Recommendation: Adopt Resolution No. 2054 SUMMARY The Applicant and business owner, Mr. Weidong Peng, is requesting approval of Conditional Use Permit Application No. CUP 20-01 for a tutoring use (dba: Umbrella Education Corporation) to occupy an existing 762 square foot commercial unit located within an existing two-story commercial office building at 20 E. Foothill Boulevard, Unit 216. The proposed tutoring use will accommodate up to twelve (12) elementary through high school grade students, and two (2) instructors. It is recommended that the Planning Commission adopt Resolution No. 2054 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 20-01, subject to the conditions listed in this staff report. BACKGROUND The subject site measures approximately 60,966 square feet and is developed with an existing two-story commercial office building measuring approximately 25,162 square feet (See Figure 1). The property is zoned C-G (General Commercial) and has a General Plan Land Use Designation of Commercial. The 762 square foot unit is currently vacant and was previously occupied by an office use and previously a one-on-one tutoring use. The site is surrounded by other commercial properties to the west, east and north, and single family residential properties to the south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 2 of 9 Figure 1 - Aerial of Subject Site PROPOSAL The Applicant is requesting a Conditional Use Permit (CUP) to operate a tutoring, (dba: Umbrella Education Corporation) for students from elementary up to high school grade. The use will include two classrooms (See Figure 2). Each class can accommodate up to six (6) students; however, no more than twelve (12) students and two instructors will be present at any given time. One classroom will be used for regular tutoring and the second will be used for advanced level tutoring. Each tutoring session will be 30 minutes long. The tutoring use will operate Monday through Saturday during the following hours: 1:00 p.m. to 6:00 p.m. - Monday through Friday 9:00 a.m. to 4:00 p.m. - Saturday Students will be able to get assistance with subjects including, but not limited to, English, science, math, biology, and chemistry during tutoring sessions Monday through Friday. On Saturday, the tutoring center will provide English and Chinese language tutoring. Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 3 of 9 Figure 2 - Proposed Floor Plan ANALYSIS The Arcadia Development Code allows tutoring uses in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed use will have two (2) classrooms for up to twelve (12) students and two (2) instructors. As required for all tutoring uses, each classroom will have windows to allow observation from outside of the rooms. In addition, a condition (refer to condition no. 3) has been placed on the project that requires that windows and glass doors remain unobstructed to allow for easy viewing from the hallway into the classrooms. In addition, the request has been reviewed by the Building and Fire Departments and no concerns were raised. For a tutoring use that serves students of high school age or older, the Development Code requires one (1) parking space for every three (3) students and one (1) for every employee. With up to twelve (12) students and two (2) instructors, a total of six (6) parking spaces are required. The previous office use had a parking requirement of three (3) spaces; therefore, the proposed use will increase the parking demand for this unit by three (3) spaces. The site has a total of 97 existing parking spaces for all the existing uses in the commercial office building. Per the tenant roster provided by the Applicant, the current uses have a Code requirement of 118 parking spaces. Therefore, if you apply the Code required parking standards, there is an existing deficit of 21 spaces. In order to better understand the parking demand for the subject site, and to determine if the use would create a parking impact, the Applicant conducted a parking survey. The survey was conducted Thursday, February 20, 2020 through Wednesday, February 26, 2020 during the proposed operating hours. The survey determined that an average of 68 parking spaces were available. In addition, Staff visited the site on various days and observed the same parking conditions. While the site may be under-parked per Code Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 4 of 9 standards, the demand is significantly less. Therefore, parking will not be impacted by the proposed use as there is adequate parking on-site. FINDINGS Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the tutoring use is consistent with the Commercial land use Designation of the site. The Commercial land use designation is intended to permit a wide-range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial uses, including neighborhood-serving uses such as tutoring centers. The proposed use will occupy a vacant commercial unit and will complement the existing office uses in the building. In addition, the proposal is a use permitted in the C-G (General Commercial) zone subject to the approval of a Conditional Use Permit, and will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows a tutoring use in the C-G zone subject to the review and approval of a Conditional Use Permit. The site has an adequate number of parking spaces to serve the existing uses and proposed tutoring use. Therefore, there should be no impacts to the existing businesses in the commercial office building. Lastly, the proposal complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed tutoring use will occupy an existing 762 square foot commercial unit located within an existing two-story commercial office Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 5 of 9 building. The Applicant conducted a parking survey to ensure the use would not create parking impacts for the existing uses on the subject site. The parking survey determined that an average of 68 parking spaces were available during the tutoring . Therefore, adequate parking will be provided at the subject site for the existing uses and the proposed tutoring center. In addition, the proposed operating hours will be compatible with the hours of operation of other office uses in the building. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site is physically suitable for the proposed tutoring use. The use will occupy an existing vacant commercial unit within an existing commercial office building. The site is improved with adequate surface parking, including the required six (6) parking spaces for the proposed tutoring use. Therefore, with adequate parking provided, the unit and site will be suitable for the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along E. Foothill Blvd, which is designated and designed with the capacity to accommodate both public and emergency vehicles. The street is adequate in width and pavement type to carry the traffic that could be generated by the tutoring use and the existing uses in the center, and to support emergency vehicle access. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The proposed tutoring use will be located within an existing commercial office building. Conditions of approval have been included to ensure the tutoring use will be operated in a safe manner, and not impact public protection service. The request has been reviewed by the Fire Department and Police Department, and neither department raised concerns. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject unit is located within an existing commercial office building, which is adequately serviced by existing utilities. The request does not include new construction that will impact the provision of utilities, Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 6 of 9 nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed tutoring use will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the operations of the use will not negatively affect the existing uses in the commercial office building, or the surrounding businesses and properties. In addition, conditions of approval, such requiring that each classroom have windows to allow observation from outside of the rooms, and that the use be subject to periodic inspections have been included to mitigate any potential impacts. ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC COMMENTS/NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on April 16, 2020. As of April 23, 2020, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2054 approving Conditional Use Permit No. CUP 20-01 for a new tutoring use with up to twelve (12) students and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 20-01 is limited to a tutoring use and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-01, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. No more than twelve (12) students shall be permitted at any given time. Any changes to the maximum number of students, shall be subject to review and approval by the Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 7 of 9 Planning & Community Development Administrator, or designee, unless as determined by the Administrator, or designee, significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The windows and glass doors into each classroom and practice room shall remain unobscured to allow easy viewing from the hallway. 4. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Planning & Community Development Administrator, or designee. 5. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 6. The main exit door shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 20-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring use. 9. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 8 of 9 City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 10. Approval of CUP 20-01 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit Application No. CUP 20-01, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2054 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 20-01, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 28, 2020, hearing, please contact Senior Planner, Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2054 Resolution No. 2054 - CUP 20-01 20 E. Foothill Blvd. April 28, 2020 Page 9 of 9 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2054 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1980 25,162 0 UNITED CAPITAL INVESTMENT GROUP Site Address:20 E FOOTHILL BLVD Parcel Number: 5772-001-028 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 17-Apr-2020 Page 1 of 1 Attachment No. 3 Attachment No. 3 Architectural Plans 20 East Foothill Boulevard - Floor 2 20 East Foothill Boulevard, Arcadia, CA 91006 SUITE 215 35' 26'9' 3'-3" Suite 216 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 2-01 A conditional use permit to allow a new tutoring use for up to twelve (12) students with a Categorical Exemption 2. Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 20 E. Foothill Blvd., Unit 216 (E. Foothill Blvd & N. Santa Anita Ave.) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Weidong Peng, Applicant (2) Address 14 El Dorado St. Unit 10 Arcadia, CA 91006 4. Staff Determination: accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301(a) Class 1 (Use of an existing facility) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency, which constitutes the Lead Agency. Name of Lead Agency: Date: April 28, 2020 Staff: Luis Torrico, Senior Planner